In re Petition of Belpedio

5 Citing cases

  1. Henry v. Chao

    Civil Action No. SA-06-CV-309-XR (W.D. Tex. Apr. 4, 2007)   Cited 1 times

    A Branch President oversees stewards, handles grievances and administers the union collective bargaining agreement.See Petition of Belpedio, 753 F. Supp. 239, 240 (N.D. Ill. 1990) (holding that non-workplace battery falls within the statute). Petitioner notes in his Response that he would still be serving as a union officer if it were not for Mr. Street and his "biased" complaint.

  2. Vasquez v. Walsh

    546 F. Supp. 3d 1004 (S.D. Cal. 2021)

    Although offenses arising outside of the union context may be indicative of an individual's propensity to repeat such acts in the union, Petitioner's extraordinary showing of rehabilitation, as more fully explained below, makes apparent that no such risk of recurrence exists here. Cf. In re ThePetition of Belpedio , 753 F. Supp. 239, 241 (N.D. Ill. 1990) (denying relief where the petitioner was convicted of felony aggravated battery outside of the union context and made no attempt to show how he had been rehabilitated since the commission of the disqualifying crime.) Thus, for the foregoing reasons, the Court declines to accord decisive weight on the nature of Petitioner's disqualifying crimes.

  3. United States v. Davis

    Case No. 12-20224 (E.D. Mich. Oct. 20, 2015)

    However, the purposes of the act cannot be so narrowly prescribed that it only targets organized crime in unions, or crimes committed in circumstances related to union activity. Courts have repeatedly read § 504 broadly and applied it to include crimes committed that did not involve a Defendant's union work so long as their crime fit the statute. See, e.g. Petition of Belpedio, 753 F. Supp. 239, 240 (N.D. Ill. 1990); United Union of Roofers, Union No. 33 v. Meese, 823 F.2d 652, 655 (1st Cir.1987). The Sixth Circuit addressed this in United States v. Hughes and opined that the purpose of the act was to protect union members and public interest from "union officials who have been convicted for certain conduct."

  4. U.S. v. Cullison

    422 F. Supp. 2d 65 (D.D.C. 2006)   Cited 11 times
    Holding that petitioner's completion of probation, earning a doctoral degree, and caring for his disabled son was insufficient to demonstrate rehabilitation

    See, e.g., In re Petition of Belpedio, 753 F. Supp. 239 (N.D. Ill. 1990) (applying § 504(a) to a petitioner who was convicted of committing aggravated battery during an altercation at a football game). For example, someone convicted under state law of robbing a convenience store will be subject to the federal statute — and prohibited from engaging in the proscribed activities involving labor organizations — regardless of the fact that the robbery was unrelated to any involvement in a labor organization. Indeed, it is of no consequence whether the person subject to the statute was a member of a labor organization at the time the crime was committed. The point is that Congress intended to secure high standards of responsibility and ethical conduct in labor organizations by locking out, at least for a period of 13 years after conviction, those people who demonstrate an inability to abide by such standards, as evidenced by their commission of one of the specified crimes.

  5. Local Union 705 Int. B., Team. v. U.S. Dept., Labor

    03 C 5480 (N.D. Ill. Nov. 21, 2003)

    If the petitioner was convicted of a disqualifying state or local offense . . . relief shall not be given to aid rehabilitation, but may be granted only following a clear demonstration by the convicted person that he or she has been rehabilitated since commission of the disqualifying crime and can therefore be trusted not to endanger the organization in the position for which he or she seeks relief from disability. U.S. Sentencing Guidelines Manual § 5J1.1; Petition of Belpedio, 753 F. Supp. 239, 241 (N.D. Ill. 1990); U.S. v. Glover, 2001 WL 1414451, *1 (N.D. Ill. 2001). Under this standard, the petitioner "has the burden of clearly showing that he is rehabilitated." Glover at *2.